Agenda of Ordinary Meeting - 26 September 2019

BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 Access and Safety for Byron Shire Road Users

File No: I2019/1440

I move:

1. That Council affirm the principle that all road users have an equal right of access and safety on the Byron Shire road network.

2. That Council develop an ongoing road safety awareness campaign to highlight access and safety for all road users coordinated through the Transport and Infrastructure Advisory Committee.

3. That Council consider a budget allocation for signs to be located throughout the Byron Shire road network to raise awareness of access and safety issues affecting all road users.

4. That Council consult with residents, road user groups, regulatory agencies and NSW Police in the development of a road safety awareness campaign.

5. That Council conduct road safety forums to highlight the needs of all road users and promote safe practices that help to keep vulnerable road users safe.

6. That the road safety awareness campaign be delivered in the second half of the 19/20 financial year at the latest.

7. That Council review relevant Council policies such as the Infrastructure Services Risk Management Plan to embed the principle of equal access and safety for all transport network users.

Signed: Cr Basil Cameron

Councillor’s supporting information:

The Byron Shire road network has evolved from a series of walking tracks, horse trails and bullock transport networks. Most of the Shire’s road network has been built on the formations established by these early transport uses. This is particularly so for the rural road network.

Topography and high rainfall continue to challenge the community’s ability to maintain our road network.

At the same time, Byron Shire has experienced high population and visitor growth that puts pressure on the road network and our ability to meet the community’s needs.

The lack of a meaningful and comprehensive public transport system adds further pressure on the road network though higher rates of private vehicle ownership and use on the Shire’s road network.

Our roads are used by pedestrians, cyclists, bus passengers, freight transport, private vehicles as well as recreational users such as horse riders. Many of our rural roads in particular do not have wide enough formations or shoulders to safely accommodate all road users.

Taken together these factors have seen an increasing number of serious safety issues facing road users. In particular pedestrians, cyclists and bus passengers are daily being put at serious risk of injury and death when using our road network. A significant proportion of these road users are young people and others with particular vulnerabilities.

There is an urgent need to raise awareness amongst all road users of the need to safely share the Shire’s road network. In particular there is a range of unsafe behaviours by some road users that are unacceptable and unlawful.

I propose a road safety awareness campaign be developed that promotes and affirms the principle that all road users have an equal right of access and safety on the Shire’s road network. There is also a need to highlight the impact of unsafe behaviours and aim to see a reduction in such behaviours. The campaign should also highlight the respectful and safe practices adopted by the majority of road users as key measures that raise overall safety for vulnerable road users such as pedestrians, cyclists and bus passengers.

Education and awareness raising be the focus of the campaign, however regulatory and enforcement agencies be consulted with a view to increasing actions to reduce unsafe and unlawful behaviours on our roads.

General signage be developed to remind road users of the need to safely share the road network. Such signage should consider the need to transmit safety messages to the high number of visitors as well as regular users of the Shire’s road network. Such signage also to highlight the routes and times for bus services using the road network.

Relevant Council policies such as the Infrastructure Services Risk Management Plan to embed the principle of equal and safe access for all transport network users.

Staff comments by Andrew Pearce, Traffic Engineer, Infrastructure Services:

(Management Comments must not include formatted recommendations – resolution 11-979)

Traffic and poor driver behaviour is a regular source of grievance and concern raised by Shire residents with Council.

Recent examples of concerns raised include regular issues with speeding through Main Arm Village and the associated risk to pedestrians, drivers missing the bend on Left Bank Road and breaking down fences, concerns over the dangerous manner of drivers during school pick up and drop off and the impact this has on cyclists and pedestrians, and the safety of pedestrians using the Tweed St crossing (Brunswick Heads) due to speeding cars. These issues are just a snap shot of the regular concerns raised by Shire residents.

While staff are frequently able to address these symptoms through patrolling and compliance monitoring the long term solution is best addressed through encouraging behavioural change through an educational type campaign complemented with coherent and clear signage.

In addition to the issues above, Council staff are currently managing a number of projects that aim to significantly change the way we move within the Shire. Many of these projects are directly resulting from difficult and dangerous traffic concerns and a desire to promote alternate modes of transport. Just a few of these projects include:

- The Byron Bay Master Plan with a strategic goal of cars out and people in;

- The Pedestrian Access and Movement Plan with a strategic goal of developing active transport through better connection within and between villages;

- The Byron Shire Bike Plan with the strategic aim of creating a cycle friendly lifestyle within Byron Shire;

- Arts and Industrial Estate Planning Review with the strategic aim of eliminating the traffic chaos and introducing better active transport across the estate.

- Multi Use Rail Corridor study

- Integrated Transport Management Strategy with the strategic goal of identifying a coherent pathway forward for integrating all modes of transport and focusing on priorities.

While each project is a significant step forward in transforming the way people move within our Shire the long term success of many of all these projects rely fundamentally on changing driver behaviour. In particular it relies on encouraging people to respect and even embrace alternate modes of transport.

Subject to funding, consideration could be given to develop a coherent road and safety campaign that:-

i) promotes change in the way people drive;

ii) encourages people to respect others sharing the road reserve; and

iii) encourages them to embrace alternate modes of transport.

Embracing alternate modes of transport would mean both adopting different forms of transport for themselves, as well as, welcoming others and caring for others who share the roads alongside cars.

A common way other NSW Council’s undertake such campaigns and to promote road safety over the long term is through the appointment of a Road Safety Officer. Through the Local Government Safer Road Program Councils are able to co fund Road Safety Officers 50/50 with RMS. Council has not included this as part of its operational plan and budget would need to be allocated for Council’s share. If Council were of the mind of exploring this option, consideration of the term of the appointment would need to be considered as redundancy or end of program costs or ongoing costs would need to managed that would be outside the funding arrangements with RMS.

Financial/Resource/Legal Implications:

Subject to further advice, but otherwise the Risk Management Reserve.

Is the proposal consistent with any Delivery Program tasks?

Recommendation 1 of the Community Solutions Panel is ‘Risk and Safety is the first priority across all infrastructure types’.

The proposal is consistent with the current Operational and Delivery Plan objectives as follows:

CSP Objective	L2	CSP Strategy	L3	DP Action	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.1	Provide a road network which is safe, accessible and maintained to an acceptable level of service	1.1.1	Deliver road and drainage maintenance services in line with Community Solutions Panel values (SP)
			1.1.2	Develop maintenance levels for road network infrastructure in line with Community Solutions Panel values (SP)	1.1.2.1 Review Infrastructure Services Risk Management Plan to include access considerations
			1.1.3	Prioritise road network asset renewal and upgrade programs in line with Community Solutions Panel values (SP)
			1.1.4	Develop road network new works program in line with Community Solutions Panel values/principles (SP)

The proposal also aligns with the following community objectives:-

2.2 Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community.

2.3 Provide accessible, local community spaces and facilities.

2.4 Enhance community safety and amenity while respecting our shared values.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Sub-license to the Ranch Byron Bay for access through Crown Land

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2019/1121

Summary:

The sub-license held by the Trustee for the McIvor Family Trust trading as The Ranch Byron Bay for access through Crown land for commercial equestrian activities will expire on 22 October 2019.

This report recommends that Council grant a six month sub-license to the Ranch Byron Bay in accordance with Council resolution 19-144.

RECOMMENDATION:

1. That Council authorise the General Manager to grant a sub-license to The Trustee for the McIvor Family Trust trading as The Ranch Byron Bay for a term of six (6) months for the purpose of access through Lot 428 DP 729272 being Crown Reserve R81780 on condition that:

a) The Ranch Byron Bay holds a current permit with the Cape Byron Marine Park for the term of the sub-license; and

b) The Ranch Byron Bay takes all steps necessary to ensure that all horse droppings are removed from the sub-licensed area during and at the end of each access session.

2. The sub-license fee for the term be set at half the annual Sub-license Beach Access Commercial Horse Riding fee as set in Council’s current Fees and Charges.

REPORT

On 28 March 2019 Council resolved (19-144) to:

2. As Crown Land Manager, investigate the options for handling of horses, parking and associated issues as part of development of a precinct plan for the South Beach area.

3. That in order to avoid prejudice to the sub-licensees while the matter raised in this report to be investigated and reported to Council, Council as the Crown Land Manager, recommend that Council issue each sub-licensee, on expiry of their current sub-license, a six (6) month sub-license for access through Crown land for commercial equestrian activities.

The development of a precinct plan for the South Beach area is currently ongoing.

As a result The Trustee for The McIvor Family Trust trading as The Ranch Byron Bay (‘the Ranch Byron Bay’) requests a new six month sub-license for access through part Lot 428 DP 729272 for commercial equestrian activities on expiry of the current sub-license on 22 October 2019.

Authority to sub-license

In accordance with Crown license RI 564194, Council may grant sub-licenses permitting commercial equestrian activities through Lot 428 DP 729272 being Crown reserve R82780. Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves requires a Council resolution to grant the sub-license.

Native Title

Non-exclusive native title rights and interest have been determined to exist in Lot 428 DP 729272.

In accordance with Licence RI564194 Council may only grant sub-licenses for low impact future acts that exclude any form of excavation, vegetation clearing, mining and construction, hazardous disposals onto the land or the right of exclusive possession.

The proposed sub-license for access through Crown land for commercial equestrian activities is a type of low impact future act that has been validated as a future act by Crown lands.

Sub-licensed terms and conditions

The Ranch Byron Bay must hold a valid Cape Byron Marine Park Permit during the six month sub-license term.

The Ranch Byron Bay must:

a) collect all horse dropping during and at the end of each access through South Beach Road and Lot 428 DP 729272; and

b) park its horse truck/float legally on South Beach Road and handle all horses in public areas in a safe manner.

Rent will be set in accordance with one half of Council’s 2019-2020 fees and charges for Sub-license Beach Access Commercial Horse Riding being $815 inclusive of GST.

While equestrian commercial activities are prohibited in zone 7(f1) (Coastal Zone) under the Byron 1988 LEP, clause 48(1) of the LEP permits temporary use of the land for development not being designated development, for a maximum period of 7 days on any one occasion up to a maximum of 60 days in any calendar year because the land is vested in the Crown and the activity does not involve the erection of any permanent structures.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 1: We have infrastructure, transport and services which meet our expectations

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.4

Provide active and passive recreational Community space that is accessible and inclusive for all (SP)

1.2.4.1

Deliver adopted projects from the beach accessibility program

Legal/Statutory/Policy Considerations

Zone No 7 (f1) (Coastal Land Zone)

1 Objectives of zone

The objectives of the zone are:

(a) to identify and protect environmentally sensitive coastal land,

(b) to enable development for certain purposes where such development does not have a detrimental effect on the habitat, landscape or scenic quality of the locality,

(c) to prevent development which would adversely affect, or be adversely affected by, coastal processes, and

(d) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments); beach and coastal restoration works; building of levees, drains or clearing of land; bushfire hazard reduction; clearing of land; community buildings; drainage; environmental facilities; forestry; home industries; markets; roads; primitive camping grounds; surf lifesaving facilities; utility installations.

48 Temporary use of certain land

(1) Despite any provision of this plan, a person may, without the consent of the Council, carry out development on land for any purpose (not being designated development) within Zone No 6 (a) or 7 (f1) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if:

(a) such land is vested in the Crown, a Minister of the Crown or the Council, and

(b) the development does not involve the erection of permanent structures ancillary to the use of that land.

(2) Despite any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the following land for any purpose (not being designated development) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if the development does not involve the erection of permanent structures ancillary to the use of that land:

Lot 1, DP 201626 and Lot 2, DP 542178, Ewingsdale Road, Ewingsdale

Lot 358, DP 704247, Bangalow Road, Byron Bay.

Financial Considerations

Rent under the sub-license is established by Council’s fees and charges. Rent for the term of the sub-licenses is $815 inclusive of GST.

Consultation and Engagement

Nil.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.4

Report No. 13.4 Election of Deputy Mayor 2019-2020

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Governance Officer

File No: I2019/1251

Theme: Corporate Management

Councillor Services

Summary:

In accordance with Section 231 of the Local Government Act 1993 Councillors can elect a Deputy Mayor. The normal practice for Byron Shire is to elect a Deputy Mayor for a period of 12 months at the first Ordinary Council meeting in September each year.

RECOMMENDATION:

1. That Council elects a Deputy Mayor for the period from 26 September 2019 for the remainder of the Council term.

2. That the method of election of the Deputy Mayor be by way of ordinary ballot.

Attachments:

1 Byron Shire Council Nomination Form Deputy Mayor 2019, E2019/60593

REPORT

In accordance with Section 231 of the Local Government Act 1993, a council may elect a Deputy Mayor to assist the Mayor in the performance of his/her duties.

(1) The councillors may elect a person from among their number to be the deputy mayor.

(2) The person may be elected for the mayoral term or a shorter term.

(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

Term of the Deputy Mayor

Section 231 (2) of the Local Government Act states: “The person may be elected for the mayoral term or a shorter term” such as:

1. For a period of 12 months

2. For the period of the Mayoral Term

3. For another period determined by Council

Returning Officer

Schedule 7(1) of the Local Government (General) Regulation 2005 states that the “General Manager (or a person appointed by the General Manager) is the Returning Officer.”

Nomination

Schedule 7(2) of the Local Government (General) Regulation 2005 states that:

(1) A councillor may be nominated without notice for election as mayor or deputy mayor.

(2) The nomination is to be made in writing by 2 or more councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

Nomination forms have been provided as an attachment to this business paper. Any completed nomination forms should be handed to the General Manager prior to the commencement of the Council meeting.

Election

Schedule 7(3) of the Local Government (General) Regulation 2005 states:

(1) If only one councillor is nominated, that councillor is elected.

(2) If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot; or by open voting.

(4) The election is to be held at the Council meeting at which the Council resolves the method of voting.

(4) In this clause:

“ballot” has its normal meaning of secret ballot;

“open voting” means voting by a show of hands or similar means.

Traditionally this Council has determined that the election for Deputy Mayor should be by ordinary ballot. The following additional information is provided in respect to an election by preferential ballot and by ordinary ballot.

Preferential ballot – as per its normal interpretation, the ballot papers are to contain the names of all candidates and Councillors mark their votes 1, 2, 3 and so on against the various names, so as to indicate their order of preference for all of the candidates.

Ordinary ballot – this is the usual method adopted in New South Wales. Ballots are secret with only one candidate’s name written on a ballot paper.

Where there are two candidates, the person with the most votes is elected. If the ballots for the two candidates are tied, the one to be elected is to be chosen by lots, with the first name out being declared elected.

Where there are three or more candidates, the person with the lowest number of votes is eliminated and the process started again until there are only two candidates. The determination of the election would then proceed as if the two were the only candidates. In the case of three or more candidates where a tie occurs, the one to be excluded will be chosen by lot.

Choosing by Lot – to choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen, on the basis detailed above.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5: We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.4

Support Councillors to carry out their civic duties

5.2.4.3

Provide support to Councillors – including councillor requests, briefing sessions, provision of facilities and payment of expenses, and record keeping

Legal/Statutory/Policy Considerations

The Deputy Mayor will undertake the Mayor’s role at the request of the Mayor and in situations where the Mayor is prevented by illness, absence or other reasons from exercising the functions of the position. The role of the Mayor is defined by Section 226 of the Local Government Act 1993.

Financial Considerations

On 12 June 2014, Council resolved (14-304) in part 3: "That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor."

Section 249(5) of the Local Government Act 1993 states:

(5) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

Therefore the Deputy Mayor when acting in the role of Mayor, in instances where the Mayor has leave of absence endorsed by Council, would be paid a fee calculated on a pro-rata basis of the annual Mayoral allowance, which would be deducted from the amount of the monthly Mayoral allowance paid to the Mayor, in accordance with Section 249 of the Local Government Act 1993.

Consultation and Engagement

Not applicable.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Investments - 1 August 2019 to 31 August 2019

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2019/1393

Summary:

This report includes a list of investments and identifies Council’s overall cash position for the period 1 August 2019 to 31 August 2019 for Council’s information.

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 August 2019 be noted.

REPORT

Council has continued to maintain a diversified portfolio of investments. At 31 August 2019, the average 90 day bank bill rate (BBSW) for the month of August 2019 was 0.98%. Council’s performance to 31 August 2019 is 2.23%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates. It should be noted that as investments mature, Council’s % return will start to decrease due to the lower rates available in the current market.

The table below identifies the investments held by Council as at 31 August 2019.

Schedule of Investments held as at 31 August 2019

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	No Fossil Fuel	Type	Interest Rate Per Annum	Current Value
24/03/17	1,000,000	NAB Social Bond (Gender Equality)	Y	AA-	24/03/22	Y	B	3.25%	1,044,263.16
15/11/18	980,060	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	Y	B	3.00%	1,108,880.00
20/11/18	1,018,290	QLD Treasury Corp (Green Bond)	N	AA+	22/11/24	Y	B	3.00%	1,077,720.00
28/10/16	650,000	Teachers Mutual Bank	Y	BBB+	28/10/19	Y	FRN	3.51%	651,521.00
31/03/17	1,000,000	CBA Climate Bond	Y	AA-	31/03/22	Y	FRN	3.01%	1,008,850.00
16/11/17	750,000	Bank of Queensland	Y	BBB+	16/11/21	N	FRN	2.97%	753,667.50
30/08/18	500,000	Bank Australia Ltd (Sustainability Bond)	Y	BBB+	30/08/21	Y	FRN	3.17%	502,795.00
28/03/19	1,000,000	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	Y	B	2.38%	1,062,980.00
07/12/18	2,000,000	Credit Union Australia	Y	BBB	07/12/20	Y	TD	3.02%	2,000,000.00
13/12/18	1,000,000	Summerland Credit Union	Y	NR	13/12/19	Y	TD	3.01%	1,000,000.00
05/01/19	2,000,000	NAB	N	AA-	06/01/20	N	TD	2.75%	2,000,000.00
18/01/19	1,000,000	Westpac	Y	AA-	16/01/20	N	TD	2.73%	1,000,000.00
30/01/19	1,000,000	Defence Bank	Y	BBB	30/01/20	Y	TD	2.85%	1,000,000.00
04/02/19	1,000,000	Summerland Credit Union	N	NR	04/02/20	Y	TD	2.95%	1,000,000.00
08/02/19	2,000,000	Suncorp	Y	A	08/11/19	Y	TD	2.75%	2,000,000.00
05/03/19	1,000,000	Australian Military Bank	Y	NR	04/09/19	Y	TD	2.77%	1,000,000.00
06/03/19	1,000,000	Bananacoast Credit Union	Y	NR	04/03/20	Y	TD	2.90%	1,000,000.00
30/04/19	1,000,000	ME Bank	Y	BBB	29/10/19	Y	TD	2.43%	1,000,000.00
27/05/19	1,000,000	AMP Bank	Y	BBB	25/11/19	N	TD	2.45%	1,000,000.00
12/06/19	2,000,000	NAB	N	AA-	10/09/19	N	TD	2.10%	2,000,000.00
03/06/19	1,000,000	Maitland Mutual Building Society	Y	NR	02/09/19	Y	TD	2.30%	1,000,000.00
04/06/19	2,000,000	Illawarra Credit Union	Y	NR	20/09/19	Y	TD	2.30%	2,000,000.00
04/06/19	2,000,000	Beyond Bank Australia	Y	NR	06/12/19	Y	TD	2.40%	2,000,000.00
04/06/19	1,000,000	AMP Bank	N	BBB	03/12/19	N	TD	2.45%	1,000,000.00
11/06/19	1,000,000	Summerland Credit Union	N	NR	09/09/19	Y	TD	2.35%	1,000,000.00
24/06/19	2,000,000	NAB	N	AA-	20/01/20	N	TD	1.90%	2,000,000.00
27/06/19	2,000,000	NAB	N	AA-	25/09/19	N	TD	1.97%	2,000,000.00
28/06/19	2,000,000	Bankwest	Y	AA-	27/12/19	N	TD	1.90%	2,000,000.00
28/06/19	2,000,000	Bank of Queensland	N	BBB+	24/01/20	N	TD	2.10%	2,000,000.00
28/06/19	2,000,000	Bankwest	N	AA-	02/10/19	N	TD	1.85%	2,000,000.00
01/07/19	1,000,000	NAB	N	AA-	30/09/19	N	TD	2.00%	1,000,000.00
01/07/19	1,000,000	Police Credit Union Limited (SA)	Y	NR	03/01/20	Y	TD	2.23%	1,000,000.00
03/07/19	1,000,000	Australian Military Bank	N	NR	02/07/20	Y	TD	2.12%	1,000,000.00
04/07/19	1,000,000	NAB	N	AA-	30/03/20	N	TD	1.95%	1,000,000.00
09/07/19	1,000,000	NAB	N	AA-	08/10/19	N	TD	1.93%	1,000,000.00
09/07/19	1,000,000	Bankwest	N	AA-	09/10/19	N	TD	1.80%	1,000,000.00
22/07/19	2,000,000	NAB	N	AA-	22/10/19	N	TD	1.90%	2,000,000.00
24/07/19	1,000,000	Bankwest	N	AA-	24/01/20	N	TD	1.85%	1,000,000.00
27/07/19	2,000,000	NAB	N	AA-	25/10/19	N	TD	1.83%	2,000,000.00
30/07/19	2,000,000	AMP Bank	N	BBB	28/01/20	N	TD	2.20%	2,000,000.00
01/08/19	2,000,000	Bankwest	N	AA-	30/10/19	N	TD	1.70%	2,000,000.00
01/08/19	2,000,000	NAB	N	AA-	02/12/19	N	TD	1.80%	2,000,000.00
06/08/19	1,000,000	NAB	N	AA-	04/11/19	N	TD	1.83%	1,000,000.00
06/08/19	2,000,000	Bankwest	N	AA-	06/12/19	N	TD	1.70%	2,000,000.00
07/08/19	1,000,001	AMP Bank	N	BBB	06/11/19	N	TD	1.90%	1,000,001.00
09/08/19	2,000,000	NAB	N	AA-	07/11/19	N	TD	1.80%	2,000,000.00
12/08/19	1,000,000	Auswide Bank	Y	NR	12/11/19	N	TD	2.03%	1,000,000.00
14/08/19	1,000,000	ME Bank	N	BBB	13/11/19	Y	TD	1.78%	1,000,000.00
15/08/19	1,000,000	Maitland Mutual Building Society	N	NR	12/02/20	Y	TD	1.78%	1,000,000.00
16/08/19	1,000,000	ME Bank	N	BBB	12/02/20	Y	TD	1.73%	1,000,000.00
26/08/19	1,000,000	Suncorp	N	A+	21/02/20	Y	TD	1.62%	1,000,000.00
27/08/19	2,000,000	Bank of Queensland	N	BBB+	27/02/20	N	TD	1.75%	2,000,000.00
27/08/19	1,000,000	AMP Bank	N	BBB	26/08/20	N	TD	1.80%	1,000,000.00
29/08/19	1,000,000	Macquarie Bank	Y	A	25/02/20	N	TD	1.80%	1,000,000.00
N/A	2,003,993.30	CBA Business Online Saver	N	AA-	N/A	N	CALL	1.20%	2,003,993.30
12/01/18	2,055,919.17	NSW Treasury Corp	N	AAA	N/A	Y	CALL	3.12%	2,055,919.17
Total	75,958,263.47						AVG	2.23%	76,270,590.13

Note 1.	CP = Capital protection on maturity
	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	No Fossil Fuel ADI
	Y = No investment in Fossil Fuels
	N = Investment in Fossil Fuels
	U = Unknown Status

Note 3.	Type	Description
	B	Bonds	Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.
	FRN	Floating Rate Note	Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.
	TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
	CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

Environmental and Socially Responsible Investing (ESRI)

An additional column has been added to the schedule of Investments to identify if the financial institution holding the Council investment has been assessed as a ‘No Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy which can be found on Council’s website.

Council has two investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

1. $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

2. $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

Investment Policy Compliance

The above table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Unfortunately the financial institutions currently offering investments in the ‘ethical’ area are mainly those with lower credit ratings (being either BBB or not rated at all i.e. credit unions).

Associated Risk

Progressively moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and continue to increase the organisation’s credit risk (i.e. exposure to potential default). To monitor this issue the ‘Investment Policy Compliance’ table is now produced for each monthly Investment Report to Council.

Currently Council is exceeding its policy benchmark for the proportion of the investment portfolio invested in financial institutions with low credit ratings or no credit rating. Although this has reduced, it is still 2% above tolerance. This means a greater proportion of Council’s investments have a higher level of exposure to credit risk than Council has determined via policy. To redress this risk, Council would need to invest more of the portfolio with institutions with higher credit ratings but this will reduce the percentage of the investment portfolio invested ethically. Over time it is likely that institutions with higher credit ratings will move more into the ethical investment space and this will continue to be monitored closely for suitable investment opportunities.

The investment portfolio is outlined in the table below by investment type for the period 1

August 2019 to 31 August 2019:

Dissection of Council Investment Portfolio as at 31 August 2019

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
65,000,001.00	Term Deposits	65,000,001.00	0.00
2,900,000.00	Floating Rate Note	2,916,833.50	16,833.50
2,003,993.30	Business On-Line Saver (At Call)	2,003,993.30	0.00
2,055,919.17	NSW Treasury Corp (T Corp)	2,055,919.17	0.00
3,998,350.00	Bonds	4,293,843.16	295,493.16
75,958,263.47		76,270,590.13	312,326.66

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

The table below provides a reconciliation of investment purchases and maturities for the period of 1 August 2019 to 31 August 2019 on a current market value basis.

Movement in Investment Portfolio – 31 August 2019

Item	Current Market Value (at end of month) $
Opening Balance at 1 August 2019	74,266,946.04
Add: New Investments Purchased	19,000,000.00
Add: Call Account Additions	0.00
Add: Interest from Call Account	2,040.35
Less: Investments Matured	17,000,000.00
Add: T Corp Additions	0.00
Add: Interest from T Corp	1,603.74
Less: Call Account Redemption	0.00
Less: T Corp Redemption	0.00
Add: Fair Value Movement for period	0.00
Closing Balance at 31 August 2019	76,270,590.13

Investments Maturities and Returns – 1 August 2019 to 31 August 2019

Principal Value ($)	Description	Type	Maturity Date	Number of Days Invested	Interest Rate Per Annum	Interest Paid on Maturity $
1,000,000.00	Maitland Mutual Building Society	TD	15/08/19	92	2.40%	6,049.32
1,000,001.00	AMP Bank	TD	07/08/19	180	2.80%	13,808.23
1,000,000.00	AMP Bank	TD	27/08/19	183	2.80%	14,038.36
1,000,000.00	Suncorp	TD	26/08/19	90	2.27%	5,597.26
1,000,000.00	B & E Ltd (Bank of Us)	TD	12/08/19	182	2.88%	14,360.55
1,000,000.00	NAB	TD	06/08/19	90	2.35%	5,794.52
2,000,000.00	MyState Bank Limited	TD	06/08/19	182	2.85%	28,421.92
1,000,000.00	Credit Union SA	TD	06/08/19	91	2.35%	5,858.90
1,000,000.00	AMP Bank	TD	29/08/19	182	2.80%	13,961.64
1,000,000.00	The Mutual Bank	TD	20/08/19	111	2.45%	7,450.68
1,000,000.00	B & E Ltd (Bank of Us)	TD	14/08/19	92	2.40%	6,049.32
1,000,000.00	The Mutual Bank	TD	20/08/19	91	2.38%	5,933.70
1,000,000.00	Suncorp	TD	28/08/19	92	2.27%	5,721.64
2,000,000.00	Bank of Queensland	TD	27/08/19	60	2.00%	6,575.34
1,000,000.00	ME Bank	TD	16/08/19	109	2.43%	7,256.71
17,000,001.00						146,878.09

Council’s overall ‘cash position’ is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account for operational purposes. In this regard, for the month of August 2019 the table below identifies the overall cash position of Council as follows:

Dissection of Council Cash Position as at 31 August 2019

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	65,000,001.00	65,000,001.00	0.00
Floating Rate Note	2,900,000.00	2,916,833.50	16,833.50
Business On-Line Saver (At Call)	2,003,993.30	2,003,993.30	0.00
NSW Treasury Corp (T Corp)	2,055,919.17	2,055,919.17	0.00
Bonds	3,998,350.00	4,293,843.16	295,493.16
Total Investment Portfolio	75,958,263.47	76,270,590.13	312,326.66

Cash at Bank
Consolidated Fund	6,200,690.69	6,200,690.69	0.00
Total Cash at Bank	6,200,690.69	6,200,690.69	0.00

Total Cash Position	82,158,954.16	82,471,280.82	312,326.66

STRATEGIC CONSIDERATIONS

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5: We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.5

Identification of ethical investment opportunities with environmental and social inclusion outcomes

Legal/Statutory/Policy Considerations

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

Council’s investments are made in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium and long-term results.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6

Report No. 13.6 The Byron Model

Directorate: Corporate and Community Services

Report Author: Anna Vinfield, Manager Corporate Services

File No: I2019/1408

Summary:

Council resolved (18-453) to endorse the development of “The Byron Model” of deliberative democracy in August 2018, with the objective of developing a new democratic ethos, by drawing together the views of Councillors, Council staff, stakeholders, and citizens.

More than six panel sessions were held and the panellists prepared a report to answer the question ““How do we want to make democratic decisions in Byron Shire that can be widely supported?”

This report presents the panel’s recommendations and Council’s response.

RECOMMENDATION:

1. That Council supports and endorses the recommendations made by the Byron Model Panel in their final recommendations report (#E2019/63364).

2. That Council commits to delivering ‘Council’s response’ to the recommendations, as outlined in Attachment 2 (#E2019/52133) over a trial period of 2 years, and refining the deliverables through experience.

3. That Council allocates additional resources, including a budget allocation in the second Quarter Budget Review of $22,000 in the 2019/20 budget, to support the implementation of the Byron Model recommendations.

Attachments:

1 Byron Model - Final Recommendations Report, E2019/63364

2 Response to Byron Model Recommendations, E2019/52133

REPORT

Council resolved (18-453) to endorse the development of “The Byron Model” of deliberative democracy in August 2018, with the objective of developing a new democratic ethos, by drawing together the views of Councillors, Council staff, stakeholders and citizens.

A co-design process was developed to deliberate on the question:

“How do we want to make democratic decisions in Byron Shire that can be widely supported?”

In answering the question, the panel was asked to take into account how the community wants to be engaged in decision-making, what factors influence the community’s trust and perception of Council, and how we can improve decision-making to increase support from the community on the final outcome.

The newDemocracy Foundation (nDF) was engaged to develop and deliver the process. They coordinated a divergent/helix model where citizens are the constant and the other groups meet independently and feed in to three in-depth whole-group interactions.

To select the citizen representatives, nDF coordinated a nomination process in late 2018 and from this pool of applicants they undertook a random selection to appoint 18 citizens to the panel.

Byron Model panel sessions were held February – April. This included:

· 18 randomly selected citizens (6 sessions)

· Five stakeholders (2 separate sessions) – Byron Chamber of Commerce, Brunswick Heads Chamber of Commerce, Destination Byron, CABS and Byron Youth Service

· Councillors (2 separate sessions)

· Staff (3 separate sessions)

There were two combined sessions with citizens, stakeholders and Councillors.

The sessions included review of the information kit, presentations from the General Manager and Director Corporate and Community Services, plus ‘speed dialogue sessions’ from requested experts, including the Media & Communications Coordinator and Director Sustainable Environment and Economy. Other experts included a Lismore City Council engagement specialist, a Southern Cross University representative and newDemocracy researchers.

Recommendations

The panel has provided a series of guidelines and recommendations centred around trust, communication, and identity; and has developed an engagement framework with a series of triggers for when community should be involved in decisions.

The panel recognised that its recommendations would benefit from further refinement and iteration through practice.

Members of the panel met with staff in late May to work through their recommendations and provide insight to their journey and deliberations. This provided more context for staff as to the intent of some of the recommendations.

The panel then provided Council with its Final Recommendations Report (Attachment 1, #E2019/63364). The report sets out the panel’s conclusion that there are three key issues “lacking in the current council structure and approach to engage community” and frames the recommendations around these three themes, which are: identity, culture and diversity; communication; and trust. The colour coding refers to the grouping in the panel report, commencing with overarching community involvement:

· community involvement/engagement (purple)

· identity, diversity, culture (blue)

· communication (green)

· trust (orange)

Recommendations from the Byron Model panel report have been reviewed and workshopped internally and reported back to the Panel to arrive at the final report. As part of this review, Council has outlined its response and commitment (attachment 2) and categorised each recommendation as either:

· priority initiative

· quick win

· already doing

Panel members also presented to Councillors at the September Strategic Planning Workshop.

Comments from newDemocracy

“The recommendations from the panel are guidelines for ‘when’ they expect to be engaged with, with loose frameworks on “what” that might look like but more generally leaves this to Council to work with IAP2 models and its own experience for what might work – the panel expects regular consultation on improving or monitoring this aspect of implementation and learning.

The panel was given a deliberately open question which gave them room to answer however they felt it needed to be answered – which involved first getting an understanding of what Council currently does, what could be improved and how this could impact trust in decision making.

Their recommendations are the culmination of months of learning about what Council does, how Council makes decisions and where there might be learnings (from Australia and Internationally) that could improve Council practice.

Overall, this recommendations report confirms that Council has been on the right track. That Council mostly gets it right but that there is room for improvement in some specific areas that the participants thought would help link Council’s work to community awareness – while capturing the benefits of community involvement in decision making”.

Learnings

In addition to seeking recommendations from the Panel to address the question, the ‘Byron Model’ was conducted as a trial, to assess the suitability of this type of deliberative process as a community engagement activity. It is recommended that Council continue to support the principles of deliberative democracy and it is therefore recommended that a citizens’ lottery be established.

The citizens’ lottery will provide a mechanism for supporting people to represent the wider community on projects and activities involving engagement and consultation.

Council will establish a pool of randomly selected citizens (combining the previous three solutions panel pools) and seek further expressions of interest. This pool or “citizens lottery” will be used throughout the next two years for engagement purposes – this could be for a focus group, deliberative panel or a member on a project reference group.

Next steps

The implementation of the ‘Byron Model’ has been endorsed by Council on the basis of a 2 year trial, as outlined in the Operational Plan 2019/20 (see below Strategic Considerations). Now that the final report has been workshopped internally and is presented here to Council, consideration should be given to requirements for successful implementation.

By adopting the report today Council will:

1. Endorse the recommendations made by the Byron Model Panel

2. Commit to delivery of ‘Council’s response’ to the recommendations, as outlined in attachment 2, accepting that some aspects may be refined through experience

3. Allocate resources, including but not limited to financial resources, to support the implementation of those recommendations, as outlined below.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5: We have community led decision making which is open and inclusive

5.1

Engage and involve community in decision making

5.1.1

Facilitate inclusive community consultation and stakeholder engagement to inform Council decision making (SP)

5.1.1.2

Implement the “Byron Model” for deliberative democracy under a 2 year trial

Community Objective 5: We have community led decision making which is open and inclusive

5.1

Engage and involve community in decision making

5.1.1

Facilitate inclusive community consultation and stakeholder engagement to inform Council decision making (SP)

5.1.1.1

Revise Community Engagement Policy to incorporate outcomes of the Byron Model

Legal/Statutory/Policy Considerations

Adoption of the recommendations will further inform Council’s Community Engagement Policy.

Financial Considerations

Adopting the Byron Model means project officers will need to consider engagement in a more structured way during project planning and allow extra time for a project depending on the type and extent of engagement required, and plan and budget accordingly.

The types of costs may include staff time, additional resources for engagement activities, communication collateral, and the cost of incentives.

Further to these resourcing considerations, the Byron Model recommendations have some direct financial impacts should they be adopted. Specifically:

Branding and Marketing Strategy	$20,000
Establishment of Citizens’ Lottery	$2,000
Byron Model Total	$22,000

Further budget considerations will be made in the preparation of the 2020/21 Budget, including allocation of funds to enhance project trackability.

Consultation and Engagement

As detailed throughout the report, the Byron Model was a deliberative engagement process involving citizens, stakeholders, Councillors, and staff.

The outcomes from the recommendations and Council’s will guide future engagement activities.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.7

Report No. 13.7 2019-2020 Financial Assistance Grant

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2019/1426

Summary:

The NSW Local Government Grants Commission has advised Council of its 2019-2020 Financial Assistance Grant entitlement via letter dated 22 August 2019. The letter requests that its contents be tabled at the next Ordinary Meeting of Council.

This report also provides Council with some additional information related to the Financial Assistance Grant entitlement for the 2019-2020 financial year.

RECOMMENDATION:

That the report on the 2019-2020 Financial Assistance Grant be received and noted.

Attachments:

1 Letter from NSW Grants Commission outlining 2019-2020 Financial Assistance Grant Outcome, E2019/66416

2 Details of Byron Shire Council 2019-2020 Financial Assistance Grant Entitlement, E2019/66421

3 Schedule of Financial Assistance Grant Payments 2019-2020 to NSW Councils, E2019/66423

REPORT

This report addresses that request and provides Council with some additional information related to the Financial Assistance Grant entitlement for the 2019-2020 financial year.

The monetary value of the Council’s 2019-2020 Financial Assistance Grant is provided in the table below:

Grant Component	Value $
General Purpose	2,060,215
Roads Component	1,213,148
Gross Financial Assistance Grant	3,273,363
Less CPI Adjustment from 2018-2019 General	(13,996)
Less CPI Adjustment from 2016-2017 Roads	(9,122)
Total Financial Assistance Grant 2019-2020	3,250,245

The total General Purpose component of the Financial Assistance Grant for 2019-2020 is $2,046,219 and the total Roads component is $1,204,026 after adjustments from the previous year Consumer Price Index (CPI) outcome. The gross grant allocation for Council is a 5.7% increase on the 2018-2019 Financial Assistance Grant.

The Commonwealth Government has again determined to pay part of the 2012-2020 Financial Assistance Grant in advance. In this regard, Council received a total advance payment of $1,642,588 on 28 June 2019. Grant payments received during the course of the 2019-2020 financial year will be reduced by the amount of the advance payment. Remaining instalments payable to Council in 2019-2020 are outlined in Attachment 2 along with details of the Byron Shire Council specific grant entitlement.

The Financial Assistance Grant to Council is a general purpose grant. That is, whilst it has defined components as outlined in the table above, there are no conditions attached about how Council spends it. Council recognises this grant in the General Purpose Revenues Program along with rate revenue, which is distributed to Council programs through the budget.

Incorporating the advance payment received at the end of the 2018-2019 financial year, that Council has carried forward to expend in the 2019-2020 financial year, Council’s estimated budget is approximately $233,400 below the proposed net 2019-2020 Financial Assistance Grant.

This additional $233,400 in revenue will be included in the 30 September 2019 Budget Review which will be presented to Council at the 28 November 2019 Ordinary Meeting. Approximately half the increase will be used to address the 2019-2020 budget deficit of $132,400.

Attachment 3 provides a schedule of all Financial Assistance Grant payments to NSW Councils for the 2019-2020 financial year. The table below shows the net grant entitlements of neighbouring Councils.

Whilst each Council has its own circumstances that contribute to the grant calculations i.e. disability factors, population, property values etc., it still demonstrates the reality of how low the Financial Assistance Grant Revenue received by Byron Shire Council is relative to others locally.

2019-2020 Financial Assistance Grant Outcomes

Council	Population	Net General Purpose	Net Roads Component	Total Net Financial Assistance Grant
Ballina	44,208	3,169,910	1,450,084	4,619,994
Byron	34,574	2,046,219	1,204,026	3,250,245
Clarence Valley	51,647	7,725,138	3,334,982	11,060,120
Kyogle	8,870	2,877,476	1,656,991	4,534,467
Lismore	43,843	4,405,879	1,991,582	6,397,461
Richmond Valley	23,399	3,576,237	1,621,156	5,197,393
Tweed	96,108	7,845,188	2,958,371	10,803,559

The table below sets out the actual grant differences.

2019-2020 Financial Assistance Grant Differences

Council	Additional FAG Revenue compared to Byron $	Grant Entitlement greater then Byron (times)
Ballina	1,369,749	1.43
Clarence Valley	7,809,875	3.41
Kyogle	1,284,222	1.40
Lismore	3,147,216	2.04
Richmond Valley	1,947,148	1.60
Tweed	7,553,314	3.33

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5: We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.1

Enhance the financial capability and acumen of Council

5.5.1.1

Financial reporting as required provided to Council and Management

Legal/Statutory/Policy Considerations

The Financial Assistance Grant is provided by the Commonwealth Government via the NSW Local Government Grants Commission. The NSW Local Government Grants Commission determines distribution to each Council in NSW from the pool of funds allocated to the State of NSW by the Commonwealth Government. Each State in Australia is required to have a Local Government Grants Commission to determine distributions.

Financial Considerations

There are no financial implications associated with this report as it is informing Council of its Financial Assistance Grant entitlement for 2019-2020.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.8

Staff Reports - Infrastructure Services

Report No. 13.8 Towards Zero - Byron Shire's Draft Integrated Waste and Resource Recovery Strategy 2019-29

Directorate: Infrastructure Services

Report Author: Lucy Wilson, Resource Recovery Projects and Education Officer

File No: I2019/874

Summary:

The report and attachments provide Council with the background, development and detail of ‘Towards Zero- Byron Shire’s Draft Waste and Resource Recovery Strategy 2019-29’.

It provides a recommendation to put the Strategy for public consideration and comment.

The draft Strategy is titled “Towards Zero” because it aims to transition Byron to a Shire that is carbon neutral by 2025 and landfill-free. The aspirational goal of sending zero waste to landfill is intended to be achieved through pursuing higher order outcomes and transitioning infrastructure investment from landfill to innovative solutions that recover value from the waste that can’t be avoided.

RECOMMENDATION:

1. That the Draft Towards Zero - Byron Integrated Waste and Resource Recovery Strategy 2019-29 be placed on public exhibition for a period of 28 days.

2. That in the event:

a) Than any submissions are received on the draft Towards Zero – Byron Integrated Waste and Resource Recovery Strategy 2019-29, that those submissions be reported back to Council prior to the adoption of the Strategy.

b) That no submissions are received on the draft Towards Zero – Byron Integrated Waste and Resource Recovery Strategy 2019-29, that the Strategy be adopted.

Attachments:

1 Business as Usual (BAU) Report - Review of Current Strategies and Trajectories Final_PDF, E2017/87967

2 Regional Alternative Waste Treatment (AWT) Analysis, E2019/13398

3 Integrated Waste Management and Resource Recovery Strategy_Technical Report_FINAL, E2019/13392

4 Towards Zero - Byron Shires Integrated Waste and Resource Recovery Strategy FINAL, E2019/13791

REPORT

Background

Council’s waste management responsibilities have shifted significantly over the last five years, from the provision of a basic low cost essential service to a financially, environmentally and socially endorsed service.

This strategy builds on Council’s original 2012-15 Waste Management Strategy adopted in 2012, where significant progress has been made implementing innovative programs and initiatives to reduce waste to landfill.

During 2015/2016 a number of critical factors evolved – strongly guided by state government direction - causing a shift from a business as usual approach to waste management to a drive for resource recovery. In response to those changes, staff engaged a specialist consultant to conduct a strategic review of Council’s waste disposal options.

These were reported to the March 2016 Water Waste and Sewer Committee, and subsequently Council resolved (res 16-145):

“That Council endorse the development of a revised ‘Waste Disposal Strategy’, utilising the recommended short, medium and long term options presented in the report ‘Review of Council’s Waste Disposal Strategy 2009” As below:

Short Term Disposal Option

· Continue to operate the Byron Resource Recovery Centre and utilise the current transport & disposal contract to transport waste to SE QLD

Medium Term Disposal Option

· As per Short Term Disposal Option

· Contingency Option 1: If disposal to SE QLD becomes unviable, implement MOU utilising a neighbouring Council’s landfill airspace.

· Contingency Option 2: Utilise contingency airspace in Myocum Landfill Southern Expansion (approximately 18 months airspace to be utilised as last resort contingency)

Long Term Disposal Options

· Option 1: Continue to implement MOU to utilise a neighbouring Council’s landfill airspace.

· Option 2: Utilise the new sub-regional waste disposal facility

· Option 3: Continue transport waste to SE QLD

This formed the basis for development of the new Strategy and work commenced on initial stages of detailed research and analysis (refer to attachment 1 and 2).

In 2018, following a Notice of Motion from Mayor Simon Richardson, Council resolved (Res 18-419):

That Council:

– Adopts a ‘Zero Waste Target’ across the Shire and includes this objective in our Integrated Waste Strategies and Management Plans.

– Supports a circular economy model approach to manage its resource recovery, with an expressed desire for an innovative waste management strategic focus (with zero waste to landfill aspirations).

– Seeks regional support, through the Northern Rivers Joint Organisation, and other regional waste bodies, to encourage or incentivise businesses that will manufacture or create product from the recycled product in the region and to develop a region wide zero waste target.

– Support the Northern Rivers Joint Organisation identified priority in waste management to proceed with and complete a detailed feasibility study for a regional AWT facility.

These principles informed the development of a draft Strategy.

Staff engaged industry leading consultants Arcadis to develop the Integrated Waste Management and Resource Recovery Strategy. It has been developed taking a structured and staged approach involving:

1. Business as Usual (BAU) Report - analysis of current strategies and objectives –Attachment 1.

2. Regional Alternative Waste Treatment (AWT) Analysis options - Attachment 2.

3. Technical Report - Attachment 3.

4. Draft Towards Zero – Byron Shire’s Integrated Waste and Resource Recovery Strategy 2019-29 – Attachment 4.

It should be noted the unprecedented impacts and challenges to the recycling industry over the last 18 months as a result of China’s National Sword Policy, and the re-introduction of a Queensland Waste Levy have effected the delivery timeframes of the draft Strategy due to instability and uncertainty in the market .

Key issues

Each stage has involved detailed research, analysis and modelling which has culminated in the attached draft “Towards Zero – Byron Shire’s Integrated Waste Management and Resource Recovery Strategy 2019-2029”. The draft Strategy is based on industry best practice driven by local sustainability principles.

The Strategy’s Vision is to support a landfill-free, zero net carbon Shire through best practice in waste avoidance, recovery and treatment, and it has 4 key objectives to:

1. Empower the community to increase avoidance, reuse and recycling activities

2. Maintain and enhance solutions to recover/treat/dispose of residual waste

3. Work with the business and tourism sector to reduce waste to landfill

4. Support and lobby for NSW and Federal Government action to help reduce overall waste generation and disposal

Each Strategy objective is supported by goals and key actions as shown in the Strategic Framework below.

Options

It is important Council adopts an Integrated Waste Management Strategy so it meets the ambitious vision to transition to a landfill free and carbon neutral Shire, deliver ongoing state and federal targets, meet community expectation and be better positioned for future challenges.

Next steps

Prior to public exhibition:

a) the final draft strategy will go through graphic design (to ensure accessibility/readability);

b) a comprehensive communications plan will be developed as it is critical that key messages around alternative waste technologies being complimentary to recycling and resource recovery are communicated throughout the exhibition.

c) Council will collaborate on communication plans with regional North East Waste and Northern Rivers Joint Organisation (NRJO).

Subject to Council considering submissions received during public exhibition, adopted actions will then be included in annual Operational Plans, 4-yearly Delivery Programs and Long Term Financial Plan.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 1: We have infrastructure, transport and services which meet our expectations

1.4

Provide a regular and acceptable waste and recycling service

1.4.1

Implement Integrated Waste Management and Resource Recovery Strategy

1.4.1.8

Finalise strategy and implement 2018/19 action plan activities

Legal/Statutory/Policy Considerations

Adoption of a revised Waste Strategy will enable Council to fulfil requirements of the NSW Waste Avoidance and Resource Recovery Act.

The draft is also consistent with the broad policy framework that sets the overall direction for waste management. It cascades down from national, state and regional requirements, to inform the local waste strategy for Byron Shire. The key policy settings are shown below.

Financial Considerations

The draft Strategy has been delivered within the allocated 2018/19 budget; there is budget to cover the costs of public exhibition.

Each Strategy action will have budget implications. The actions can both cost and save Council money depending on the project. For example a project to reduce the amount of waste to landfill can have initial capital costs but then reduce recurrent transport, disposal and waste levy costs.

Revised 10-year estimates in the strategy have been developed and will be incorporated into the long term financial plans for the Waste Fund. There will be significant forward capital costs associated with closure and rehabilitation of the Myocum Landfill and ongoing sustainable leachate management. However, at the time of developing each action listed in the Strategy, they will need to be assessed for financial viability and potential funding sources investigated (for example grant funding options) on a case by case basis.

Consultation and Engagement

The Draft Strategy was presented by consultants and staff to Councillors at workshop in March, and will be presented to WWSAC on 13 June 2019. At the time of writing this report the WWSAC meeting had not taken place. Any comments from the WWSAC Meeting will be included and presented at the June Council meeting.

Public exhibition will be the final stage of consultation. A comprehensive communications plan will be developed for the exhibition to ensure that critical key messages around alternative waste technologies being complimentary to recycling and resource recovery are communicated throughout the exhibition. Any submissions received during public exhibition will be reported back to Council for consideration.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.10

Report No. 13.10 Presentation of the Final Bike Plan and Final PAMP for adoption.

Directorate: Infrastructure Services

Report Author: Daniel Strzina, Project Engineer

File No: I2019/1391

Summary:

The Draft Bike Plan and Draft PAMP were placed on public exhibition for comment by formal submission for a period of 28 days from 28 June 2019 to 26 July 2019.

This report summarises the procedure and outcomes of the public exhibition process, and presents the revised plans as the final versions for adoption by Council.

A total of 62 public submissions were received, all of which are included in a confidential attachment to this report.

A tabulated summary of the submission comments and resulting amendments is also included as a confidential attachment.

RECOMMENDATION:

1. That the results of the public exhibition of the Draft Bike Plan and Draft PAMP be noted.

2. That the Final Bike Plan (E2019/67760) and Final PAMP (E2019/67758) be adopted.

3. That responses be sent to all those who made submissions or participated in consultation to thank them for their contribution and provide information on where they can find the Final Bike Plan and Final PAMP.

Attachments:

1 24.2017.50.1 - Byron Shire Bike Plan - Final for Adoption - September 2019, E2019/67760

2 24.2017.51.1 - Byron Shire PAMP - Final for Adoption - September 2019, E2019/67758

3 Confidential - Draft PAMP and Bike Plan - Public Exhibition Submissions, E2019/67878

4 Confidential - Draft PAMP and Bike Plan - PE Submissions and Resulting Amendments Table, E2019/67775

REPORT

Background

In 2017, Byron Shire Council resolved to develop a new Bike Strategy and Action Plan (Bike Plan) for the entire local government area to supersede the dated Bike Plan which was adopted in August 2008. The new Bike Plan was to be prepared to better reflect the current situation as well as changes to legislation, design standards and guidelines. The Bike Plan will enable a coordinated and strategic approach to delivering cycling infrastructure and promotional programs within Byron Shire Council and will require partnerships between State and Local Governments, developers, the community and other stakeholders.

In 2017, Byron Shire Council resolved to develop a Pedestrian Access and Mobility Plan (PAMP) for the entire local government area in order to coordinate investment in safe, convenient and connected pedestrian routes. The PAMP will provide a framework for developing pedestrian routes or areas identified by the community as important and will require partnerships between State and Local Governments, developers, the community and other stakeholders.

PSA Consulting were engaged in April 2018 to undertake the development of both plans concurrently, and regular updates have been provided to TIAC on the status and findings of each project at every ordinary Committee meeting during the course of development.

The Draft Bike Plan and Draft PAMP were developed by PSA Consulting in close collaboration with Staff, TIAC, and community members over a period of 12 months and are the product of the following:

· a summary of existing relevant plans, policies and initiatives on local, state and federal levels, and how they relate to each plan;

· a detailed analysis of the various cycling and pedestrian localities around the shire and the demographics of the populations within;

· an extensive survey of the existing cycleway and pedestrian networks, including condition and suitability of the individual assets;

· a two-stage, 8-week community consultation process that involved:

o a detailed survey using Council’s HaveYourSay platform that engaged members of the public by first educating them of the plans and the development processes involved, then inviting them to contribute their ideas on how we can best improve cycling and pedestrian facilities around the shire, and;

o a series of location specific, facilitated design workshops at various locations around the Shire that involved the collaboration of Council staff, stakeholders and community members to develop a priority list of cycling and pedestrian infrastructure projects for their area;

· the identification of a set of issues and opportunities for cycling and pedestrian infrastructure;

· the development of proposed future cycle and pedestrian networks that cater to users of all ages and abilities;

· the breakdown, costing and prioritisation of proposed pedestrian and cycling infrastructure;

· the development of suitable non-infrastructure actions to encourage active transport, and;

· a study into potential funding sources for the provision of infrastructure and non-infrastructure projects.

The draft plans were endorsed (subject to amendment) by TIAC for public exhibition at their meeting on 14 May 2019, and subsequently endorsed for public exhibition (subject to amendment) by Council at their meeting on 27 June 2019 (Res 19-311).

Public Exhibition

The Draft Bike Plan and Draft PAMP were amended as requested and placed on public exhibition for comment by formal submission for a period of 28 days from 28 June 2019 to 26 July 2019.

Both draft plans can be viewed via the following link:-

https://www.byron.nsw.gov.au/Home/Tabs/Public-notices/Bike-Plan-and-PAMP-Exhibition

The purpose of placing these documents on public exhibition was:

· to present the draft plans for comment by formal submission;

· to educate the community on the findings and outcomes of the draft plans;

· to engage with the community and attract submissions for consideration during the development of the final plans, and;

· to promote the development of both plans.

Members of the public were invited to review the documents and make a formal submission by mail or email.

The Public Exhibition was promoted via:-

· Advertisements in the Echo and Byron Shire News

· Social media

· Emails to relevant stakeholder groups, including all involved in the previous stages of consultation

· A dedicated page on Council’s website that provided:

o information about the plans and the process undertaken to develop them;

o a link to the documents for download;

o locations where hardcopies of the document can be accessed;

o information on how to make a submission (mail, email), and;

o a formal submission link.

Public Exhibition Results

A total of 62 public submissions were received from residents and representatives of community groups and organisations. The submissions varied greatly; from recommendations of strategic non-infrastructure initiatives through to detailed and specific recommended changes to the proposed infrastructure and associated priorities.

Some of the key statistics from the Public Exhibition:

· Public submissions were received for all towns and villages identified in the PAMP and the Bike Plan.

· Fourteen different community organisations reviewed and provided submissions on the PAMP and the Bike Plan.

· A total of 62 public submissions were received across the PAMP and the Bike Plan. Within these submissions, a total of 212 individual comments had implications for the plans.

· Roughly 82% (173 comments) of the 212 total individual comments related to the Bike Plan.

· Roughly 68% (144 comments) of the 212 total individual comments related to the PAMP.

· The greatest number of Bike Plan comments related to the cycle network and/or its development (‘Network development’) as proposed in the Draft Bike Plan, followed by comments identifying possible future routes (‘Potential future connectivity’) and comments related to the priorities assigned to the proposed network (‘Route prioritisation’).

· The greatest number of PAMP comments related to the walk and roll network and/or its development (‘Network development’) as proposed in the Draft PAMP, followed by comments related to the priorities assigned to the proposed network (‘Route prioritisation’) and comments on the location and/or type of crossings proposed (‘Crossings’).

· Roughly 63% (109 comments) of the 173 comments related to the Bike Plan were actioned and incorporated in the Final Bike Plan.

· Roughly 70% (101 comments) of the 144 comments related to the PAMP were actioned and incorporated in the Final PAMP.

The submissions have been collated and included as a confidential attachment to this report (E2019/67878).

Development of the Final Bike Plan and Final PAMP

Following the Public Exhibition period, PSA Consulting summarised the submissions and provided a proposed a list of recommended changes to the draft plans.

These proposed changes were critically reviewed by Staff and were only accepted if the proposal was logical, suitable, and well justified. Due diligence was carried out in each case to ensure that changes did not result in undesirable impacts to the greater network, level of service or continuity of the developed strategic direction of the plans.

A tabulated summary of the submission comments and resulting amendments is included as a confidential attachment (E2019/67775).

One of the most significant changes was the separation and prioritisation of inter-town connections in the Bike Plan. This logical amendment came about as the result of multiple supporting submissions and personal discussions with community members on the matter, which highlights how important the community and consultation process has been to the success of these projects.

In addition to changes inspired by submissions, the quality of the mapping and readability of the plans has been significantly improved and additional information has been added throughout both documents.

The Final Bike Plan and Final PAMP are attached to this report for review and adoption.

Next steps

Adoption of the Final Bike Plan and Final PAMP.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 1: We have infrastructure, transport and services which meet our expectations

1.3

Support, through partnership, a network of integrated sustainable transport options

1.3.1

Ensure an integrated and accessible transport network (SP)

1.3.1.3

Update Bike Plan and Pedestrian and Access Mobility Plan (PAMP)

Legal/Statutory/Policy Considerations

There are no negative legal, statutory or policy implications at this time.

Relevant Policy:

Strategic Transport Statement (Transport Policy) - Policy No. 09/001 (Document No. DM861019)

Financial Considerations

There are no negative financial implications at this time; however, the Bike Plan and PAMP have been developed to provide a strategic basis for the provision of infrastructure and non-infrastructure initiatives throughout the Shire over the next 10 years, and as such should be considered in Council’s long term financial strategy.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.11

Report No. 13.11 Federal Park Upgrade Options

Directorate: Infrastructure Services

Report Author: Malcolm Robertson, Team Leader Open Space

File No: I2019/1430

Summary:

Council allocated funds this financial year to upgrade facilities at Federal Parklands.

Funding was originally intended for a skate facility upgrade however community engagement has identified that a public toilet is a more urgent priority.

Community survey identified strong desire for a composting toilet to be installed in close proximity to the tennis courts and playground.

It is proposed that the identified funds are utilised to construct a new composting toilet within the Federal Parklands.

RECOMMENDATION:

1. That Council approve the use of the current capital funding of $40,000 for Federal Parklands within the 2019/20 budget to construct a composting toilet within the Federal Parklands Reserve and allocate a further $70,000 from the Public Toilets Special Rates Variation Fund to deliver public toilet facilities positioned on Council owned land. (from GL 4191.068).

2. That the location of the toilet be positioned adjacent to the Federal Tennis Courts, with final positioning subject to further consultation with Federal Tennis Club and Federal Community Association.

3. That Council seek to identify future grant funding opportunities for upgrade of skate and other facilities within Federal Park.

Attachments:

1 Federal Parklands Upgrade Options Survey Responses Report .pdf, E2019/66919

2 Composting Toilet Details for Federal Toilet Report.pdf, E2019/67071

3 SURVEY RESPONSE FEDERAL COMMUNITY CENTRE.pdf, E2019/67077

4 Toni Appleton RESPONSE FEDERAL TOILETS.pdf, E2019/67079

REPORT

Background

The Federal Parklands is an important passive and recreational reserve which has a high degree of ownership from the local community.

Council received complaints in December 2016 about injuries arising from an unapproved home made skate ramp at Federal.

The ramp was removed by staff which initiated discussions with the local community about options to upgrade the existing skate facility.

There are several issues with the current skate facility:-

· Situated on a half-court basketball court, creating conflict between users

· Surface of basketball court has degraded and has exposed aggregate that is sharp and failing expansion joints that created a trip hazard.

Draft concepts were priced and capital budget initiatives lodged. $40,000 for upgrade of the Skate Facility at Federal was allocated within 2019/20 Capital Budget.

Public Toilets

The Federal Community Centre recently undertook community engagement seeking input to future Federal village initiatives. The results indicated the number one priority for the local community was the installation of toilet amenities with the park.

Installation of a toilet at Federal Park was previously considered by Council in 2009.

In May 2009 the Strategic Planning Committee resolved [09-376] to build a compost toilet.

Community survey around that resolution in 2009 resulted in only two responses.

Both responses objected to the proposal, stating preference that existing public toilets at the community preschool be upgraded. Council subsequently resolved to upgrade the existing toilets at the preschool rather than invest in composting toilets at Federal Park.

Current issues with the current public toilet provision at Federal include:-

· Location 250m away from recreation areas (Tennis Courts / playground etc)

· Location 300m away from shops

· Public toilets attracting campers and itinerants

· Location adjacent to the pre-school generates conflict

Council EHO staff have advised:-

1. Feedback from the shops during food safety inspection indicates that they would like a public toilet because of the high number of requests they get to use theirs, even though it is pointed out a public toilet at the preschool exists.

2. The current public toilet is rather isolated and there has been indicators and feedback of perceived anti-social behaviour in that location. There is also another old timber building near the existing public toilet that has shown signs of anti-social behaviour and rough sleeping.

3. Environmental health would support a more visible public toilet for both the above reasons and also to remove ‘traffic’ from the preschool.

Toilet Styles

Federal Park has no town water or sewer supply and is dependant on tank water.

Prior to consulting with community the options for a public toilet were explored.

Two options for toilets were considered, as below.

1. Zero - Discharge Composting Toilet.

The Zero Discharge System is a ‘closed loop’ system with ‘nil’ fluid discharge to the

external environment. This is an ideal system for sensitive areas where conventional

absorption trenches or evaporation trenches may not be suitable.

Excess fluid from the composting chamber drains into a collection well, a pump (solar powered electric) then recirculates the liquid back into the tank where it is consumed by bacteria, absorbed by the material in the tank or evaporated off because of the elevated temperatures.

An accessible unisex unit has been quoted for the site at around $90,000 installed.

2. Conventional Toilet

A conventional single disabled access toilet would require a septic tank system with a second collection tank for overflow fluids. These tanks need to be mechanically pumped out on a regular basis, or alternately the black water effluent would need to be pumped around 250m to the existing trenches of the toilets in front of the Preschool.

Running a sewer line this distance, including crossing the creek would be problematic and this component alone has been estimated to add around $36,000 to the project cost. There is potential for unforeseen ground conditions to increase these costs.

This option would also require an increased water supply, so an additional 13,000 litre rainwater water tank would be required.

This option is estimated at $130,000.

Public Survey

In order to confirm community priorities Council staff undertook a public survey. This survey was promoted through social media, posters and with local Federal Business and through on-site signage at Federal Park.

The survey identified the two potential projects;

1. A new public toilet (likely composting) that is more accessible to the tennis court, parklands and store, noting that a new toilet was installed in the park the existing public toilets near the preschool would be decommissioned.

2. An upgrade to the skate park. This would include relocation of the basketball hoop, resurfacing the existing skate park and installing a new 'funbox' skate element.

The survey highlighted that Council currently only has funding available to do one of the projects within this financial year and desire to deliver facilities that represents what the majority of Federal residents and users of the park would like. Community were assured that Council’s long-term vision is to achieve both projects and other upgrades that add to the use and enjoyment of this valued open space and would continue to seek alternative funding, such as a grant funding.

Survey Results

A complete listing of the survey responses is at Attachment 1.

A summation of the results is below:-

· 106 people completed the survey, of which 71% were Federal residents or business owners;

· 68% saw relocating the toilet as the top priority;.

· 13.5% supported keeping the current location of the public toilets.

· 70% detailed issues with the current toilets including;

o Distance from the park, especially with children that need supervision.

o No line of sight from park.

o Dank, dark, unappealing and in poor condition.

o Not visible and difficult to find if you do not know about it.

o Access is through an active car park.

o Disconnected from the village.

o Access for elderly or disabled is difficult

o Do not feel safe there outside pre-school hours, isolated and creepy.

· 83% wanted the toilets relocated to Federal Park;

o 56% want the toilet close to the Tennis Courts

o 11% want the toilet close to the Store and Doma

o 8% want the toilet near the picnic table

· 11% did not support a composting toilet; and

· 32% indicated they would use the skate park more if it was upgraded.

Two respondents did not complete the actual survey, but provided the following comments:-

1. The real questions BSC is proposing in this document is do the ratepayers and residents of Byron Shire and Federal want to fund a new toilet block for tourists. Residents, if at the park, and only if they had to, would use either the hall or public toilets at the community centre. Shame on BSC. Resident of 48 years.

2. “Tourists can’t easily find them and area always looking for them. Them need to be closer.”

The Federal Community Centre provided a written response (attached). They confirmed that the main priority for the Park is an accessible toilet close to the playground/picnic activity. They further advised that they believed the $40,000 in the budget could be used to provide both a conventional toilet adjacent to tennis club storeroom and a simple concrete fun-box, and that the existing toilet block on the adjacent reserve should not be de-commissioned as it is needed for occasional larger gatherings in the Park/Preschool precinct and for the new Landcare group.

A local building and landscape consultant who had been involved with the original landscape design of Federal Park also provided a written submission. This submission raised concerns about the use of a composting toilet and the proposed locations of the toilet. It was proposed by this individual that a normal toilet be installed.

Council also received a phone submission from a local plumber who expressed preference for a public barbecue rather than a toilet or skate facility.

The strength of community support suggests that the priority project is install new public toilet within the parklands, in close proximity to the tennis courts and playground.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.3

Provide accessible, local community spaces and facilities

2.3.7

Deliver Open Space and Recreational services in line with Community Solutions Panel values (SP)

2.3.7.9

Upgrade of existing Federal Park facilities / amenities

Legal/Statutory/Policy Considerations

Operating a system of sewage management is a prescribed activity under section 68 of the Local Government Act 1993 and clause 45 of the Local Government (General) Regulation 2005. This means that an approval to operate a system of sewage management must be obtained from Council prior to installation.

Financial Considerations

A new composting toilet can be supplied and installed for $90,000. Demolition of the existing toilets on Crown lands is estimated at $20,000.

$40,000 has been allocated for Federal Amenities within the current Capital Works budget (GL 4835.258). The balance of $70,000 has been identified from the Public Toilets Special Rates Variation to deliver public toilet facilities positioned on Council owned land. (GL 4191.068).

Consultation and Engagement

The Communication & Engagement plan was developed by Media Communications unit and shared with Council’s communications panel prior to roll out. An online survey was made available on yoursaybyronshire.com.au. Public notifications around the survey were placed on Council website and Facebook advertising the survey.

Contact was made with key community groups including Federal Community Association, Federal Preschool etc. to inform them of the survey. Hard copies of the survey and posters promoting it were delivered to the Federal General Store, Doma and nearby businesses. Signs were installed in Federal Park advertising the survey.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.12

Report No. 13.12 The Additional Flowpath Project

Directorate: Infrastructure Services

Report Author: Cameron Clark, Manager Utilities

File No: I2019/1433

Summary:

The additional flow path infrastructure project has been developed from investigating options from increased discharge rates from the Byron STP to meet the required demand.

A number of local land holders have raised concerns with Council around the management and use of the existing flow path with increased flooding to their lands.

To address this Council has identified an opportunity for splitting the flow and discharge offsite; utilising an existing drainage area through Byron Industrial Estate as an additional dry weather flow path.

Project Objectives are as follows:-

· Reduce the constant flow of recycled water through the Western Union Drain and farmers union land

· Manage environmental flows to control acid sulphate soils and peat fires

· Improve water quality within the Belongil catchment through Water Sensitive Urban Design (WSUD)

· No worsening of flooding to the Industrial Estate or adjoining landholders

· Improve pedestrian/cycle movements within the Industrial Estate

· Align with the Industrial Estate masterplan

RECOMMENDATION:

1. That Council proceed to tender for construction of the Additional Flowpath Project.

2. That Council allocate an additional $1,260,000 to the existing budget for the Additional Flowpath Project funded from the Sewerage Fund Capital Works Reserve.

REPORT

Background

The additional flow path provides an opportunity to increase discharge rates up to 7ML/day; but importantly will take the pressure off the union drain, allowing for additional water quality treatment through enhanced water sensitive urban design before travelling through the West Byron development into Belongil Creek.

During wet conditions, to ensure the industrial drain can accommodate stormwater runoff, BSC have the opportunity and capability to switch the effluent discharge back to the existing Union Drain. The additional flow path design allows for ongoing catchment monitoring, managing the risk of acid sulphate soil runoff, where the discharge points can be adaptive through dry weather events and supported through real time data monitoring of water levels and associated water quality.

This public drainage land also provides significant opportunities for improved social and recreational benefits through the industrial estate and is proposed to embellish with a new shaded pathway, pedestrian bridge and existing landscaping.

Flow modelling has been completed for 3ML/day and 7ML/day through the Additional Flow Path

During rain events, once the water level in the Industrial drain reaches a set level then flow will be redirected through the Western Union Drain until the water level subsides.

Level sensors to be installed to allow monitoring and control of the 24 hectare wetlands for automated level control. This allows for real time monitoring of the western union drain water level and pH allowing for protection against ASS and peat fires.

The proposed activity involves creating an additional discharge flow route to deliver recycled water in dry conditions in order to meet current discharge demand of Byron STP.

The activity stretches over 2,300m in length and is divided into three (3) main work area as identified in the figure below.

Section 1 – New pipeline from the existing Byron STP distribution pit to the Industrial Drain

o Upgrade existing pump station pumps and switchboard

o Level sensors in the wetlands to feedback information to pump station

o 650m of DN225 buried pipe

Section 2 – WSUD planting and shared path through the Industrial Drain corridor

o Industrial Drain regrading and WSUD planting

o 2.5m wide shared path with footbridge

o Landscaping and planting

o Level sensors along drain

Section 3 – Minor reshaping and maintenance of the Central Union Drain

o Regrading and maintenance works on drain

o Cleaning out existing crossings

Community Strategic Plan and Operational Plan

	CSP Objective		L2		CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment		3.3		Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments		3.3.1	Implement Coastal Management Program	3.3.1.4	Finalise detailed design for additional flowpath from Byron Bay Sewage Treatment Plant

Future Development Considerations

The additional flowpath design included a hydrology assessment model that draws high level conclusions that additional surface water from potential development may have minimal impact for the additional flowpath capacity and on the overall additional flowpath project objectives indicated as follows:

1. Reduce the constant flow of recycled water through the Western Union Drain and farmers union land

2. Manage environmental flows to control acid sulphate soils and peat fires

3. Improve water quality within the Belongil catchment through WSUD

4. No worsening of flooding to the Industrial Estate or adjoining landholders

5. Improve pedestrian/cycle movements within the Industrial Estate

6. Align with the Industrial Estate masterplan

In summary, future development will not affect the capacity of the additional flow path drain or overall project objectives.

Financial Considerations

High level estimates put the total construction cost of the Additional Flow Path between $1,300,000 to $1,500,000. The current 2019/2020 budget for the additional flowpath is $240,000. Therefore for the project to proceed, it will be necessary for Council to allocate an additional budget of $1,260,000.

Funding for these works can be provided by the Sewerage Fund Capital Works Reserve.

Given the proposed expansion of this project in the Sewerage Fund Capital Works program for 2019/2020, a review of the overall capital works program will be undertaken as part of the 30 September 2019 Quarter Budget Review to be presented to Council at the 28 November 2019 Ordinary Council Meeting.

Consultation and Engagement

• Meetings with the Belongil Catchment Drainage Board 6^th May 2019, 6^th June 2019, 20^th June 2019 and 8^th August 2019 (included AWC and Planit Consulting, BSC Utilities, Planning Dept’s., Masterplan – Byron Arts & Industrial Estate

• Coastal Estuary Catchment Panel Report No. 4.2
The Additional Flowpath Project Update File No: I2019/1143
(8^th Aug 2019)

• Strategic Planning Workshop (SPW) – Presentation 5^th September 2019

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.13

Report No. 13.13 Temporary relocation of Railway Artisan Markets to Apex Park

Directorate: Infrastructure Services

Report Author: Michael Matthews, Manager Open Space and Resource Recovery

File No: I2019/1439

Summary:

Council considered in June 2019 the temporary suspension of the Artisan Markets at Railway Park Reserve Byron Bay due to the redevelopment of the park.

At the time of Council resolving, resolution 18-350, Council anticipated that works to Railway Park Reserve, Byron would be completed prior to the return of the artisan markets scheduled for the first Saturday in October 2019.

Due to delays to the program, a revised completion date of November 2019 has been advised by

the project team.

The Byron Bay Community Association Inc (‘BBCA’) now seeks Council approval to temporarily relocate the Railway Park weekly artisan markets to Apex Park commencing on the first Saturday in October and completing in November when Council expects to have completed works to Railway Park..

RECOMMENDATION:

1. That Council agrees in principle to allow the Byron Bay Community Association Inc (BBCA) a temporary licence to operate weekly Artisan Markets on the foreshore reserve under the same terms and conditions as their current Railway Park Licence.

2. That Council offer a temporary licence for the Artisan Market at Dening Park, Byron Bay, subject to:

a) the temporary licence commencing 5 October 2019;

b) areas to be constrained to those that have adequate power and water to service the needs of the market; and

c) that the temporary licence is terminated on the date of opening of Railway Park.

Attachments:

1 Proposal letter for temporary relocation of Twilight Market to APEXPARK, E2019/67911

REPORT

Council at its 21 June 2018 meeting resolved (18-350):

1. That Council suspend artisan markets at Railway Park, without payment of rent, during the Railway Park upgrade construction period.

2. That Council consider an expanded market licence area following the upgrade to Railway Park, to offset the loss of income to the Byron Bay Community Association Inc during the construction period.

3. That Council approve outside of the Railway Park upgrade schedule, the proposal by the Byron Bay Community Association Inc to:

a) permit suspension of artisan markets at Railway Park, without payment of rent, during cooler months commencing from the first Saturday in May and completing on the last Saturday in September for each remaining year of the licence; and

b) request a variation of the proposed 5 month suspension by the Byron Bay Community Association Inc, should the Byron Bay Community Association Inc decided to re-start artisan markets at Railway Park before the last Saturday in September but after the first Saturday in May for each remaining year of the licence; and

c) to permit non-payment of rent upon cancellation of an artisan market in Railway Park by the Byron Bay Community Association Inc during the months October to April of each remaining year of the licence, where the cancellation is a result of works or an event outside the control of the Byron Bay Community Association Inc.

At the time of the resolution, Council anticipated that works to Railway Park would be completed prior to the resumption of artisan markets on the first Saturday in October however delays to the program have been realised with a November 2019 completion date.

The Byron Bay Community Association Inc (‘BBCA’) now seeks Council approval to temporarily relocate the Railway Park weekly artisan markets to Apex Park commencing on the first Saturday in October and completing in November 2019 when Council expects to have completed redevelopment works to Railway Park.

Apex Park is a passive recreational park heavily utilised all year round by community and visitors. This iconic passive recreational park is regarded as having the highest profile offering with the greatest exposure to community and visitors and hence and for this reason has the greatest demand for activities and events.

Council has recently upgraded power and water at Dening Park (east of the Byron Bay Surf Club) to allow for the Community Markets and events and is considered to be a more appropriate location for hosting events other than Apex Park.

Staff support the temporary relocation of the twilight markets to Dening Park as this is a preferred location within the foreshore reserve with the least conflict with passive recreational users.

It is noted by staff that Dening Park is apposed by the Byron Bay Community Association Inc with Apex Park advised as their only acceptable location for the reasons that it is considered as a like for like relocation (Attachment 1. Proposal letter for temporary relocation of Twilight Market to Apex Park).

The proposed Operating dates and hours for these Markets are as follows:

Season Starts 5 Oct 2019

Season finishes 25 April 2020

Hours of operation are 4pm – 9pm

The proposed dates of temporary relocation are 5 Oct – 23 November that equates to 8 market events during the relocation noting the request for extension or early return to Railway Park on completion of the Railway Park project.

Power & Water

The following comment has been provided from the Market Managers:-

Stalls would require access to power and water. Power in Apex Park is not sufficient enough to power the stalls at night-time so extra power would be required to be brought in via hired generator. Use of the BSC power boxes and leads would be required to share the power across the site. The estimated cost of hiring a generator that is big enough to power the food vans and lights is $350 per week, totalling $2,800 for the proposed 8 weeks. This would be a cost management would request to be covered by BSC. Water is already on site and is sufficient for the needs of BTM.

It should be noted that significant upgrades to power have been made recently within the reserve from Dening to Clarkes Beach in support of events such as markets.

Temporary licence for artisan markets at Apex Park and foreshore reserves:

Apex Park is located with Council managed Crown Reserve R82000.

Section 2.20(1) of the Crown Land Management Act 2016 authorises Council to grant a short-term licence for the purpose of markets on Reserve R82000. Exemptions provided in clause 70(2)(a) of the Crown Land Management Regulations 2018 (NSW) further authorises Council to grant the proposed licence prior to having an adopted Plan of Management for Reserve R82000.

Reserve R82000 is not subject to Native Title. Reserve R82000 being Lot 10 DP 1049827 is land surrendered under Indigenous Land Use Agreement NI2006/004 Bundjalung People of Byron Bay (ILUA 2).

Council has the ability to offer the BBCA a temporary licence to operate artisan markets on the foreshore reserves under the same terms and conditions as their current Railway Park licence that includes:

· a weekly market on every Saturday between the hours of 3:00pm and 9:00pm;

· up to a 50 stall market with rent payable at $128.00 per market inclusive of GST;

· only vehicles integral or part of a stall holders operation are permitted on Reserve R82000; and

· That the Licensee complies with Council’s Policy and Codes for operating a market in the Byron Shire.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 1: We have infrastructure, transport and services which meet our expectations

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.7

Implement identified projects of the Byron Bay Town Centre Master Plan

1.2.7.1

Byron Bay Town Centre Masterplan Projects

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.1

Support a range of inclusive events that encourage broad community participation and promote social inclusion

2.1.1.1

Support inclusive community events

Legal/Statutory/Policy Considerations

Crown Land Management Act 2016 (NSW)

Section 2.20 Short-term licences over dedicated or reserved Crown land

(1) The regulations may make provision for or with respect to the following concerning short-term licences over dedicated or reserved Crown land:

(a) any purposes for which the licences may be granted (prescribed purpose),

(b) any conditions to which the licences are subject (prescribed condition),

(c) the maximum term for which licences may be granted (prescribed maximum term).

Crown Land Management Regulation 2018 (NSW)

Clause 70 Exemption from operation of section 3.22 of Act for granting licences and leases during initial period

(1) This clause applies to a council manager of dedicated or reserved Crown land during the initial period referred to in section 3.23 of the Act (the pre-POM Crown land) until whichever of the following occurs first:

(a) the council adopts its first plan of management for the land for the purposes of section 3.23 of the Act,

(b) the land is classified as operational land with Minister’s consent under section 3.22 of the Act.

(2) The council manager is exempt from the operation of section 3.22 of the Act in respect of the following:

(a) the granting of a short-term licence over pre-POM Crown land of a kind that can be granted by a Crown land manager under section 2.20 of the Act,

Financial Considerations

A value of $350 per market event is requested by the Byron Bay Community Association Inc to compensate the need for hire of a generator to provide sufficient power to food vendors. This equates to $2800 for eight events.

BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services 14.2

Report No. 14.2 Report of the Audit, Risk and Improvement Committee Meeting held on 29 August 2019

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Governance Officer

File No: I2019/1384

Summary:

This report provides the minutes of the Audit, Risk and Improvement Committee Meeting held on 29 August 2019 for adoption by Council.

RECOMMENDATION:

1. That Council notes the minutes of the Audit, Risk and Improvement Committee Meeting held on 29 August 2019.

2. That Council adopts the following Committee and Management Recommendation(s):

Report No. 4.1 New Accounting Standards 2018-2019 financial year

File No: I2019/1255

Committee Recommendation 4.1.1

That the Audit Risk and Improvement Committee recommends to Council:

1. That the report on new applicable accounting standards for the 2018-2019 financial year be noted.

2. That the detail outlined on the report under the heading ‘Australian Accounting Standard (AASB 9) Financial Instruments’ be adopted by Council as its policy for disclosure in financial statements commencing from the 30 June 2019 financial year.

3. That Council adopts the following Committee and Management Recommendation(s):

Report No. 4.2 Additional Audit, Risk and Improvement Committee Meeting

File No: I2019/1260

Committee Recommendation 4.2.1

That an additional Audit, Risk and Improvement Committee meeting be held at 11:30am on 14 November 2019.

4. That Council adopts the following Committee and Management Recommendation(s):

Report No. 4.3 2018-2019 Financial Statements - Accounting for Crown Land

File No: I2019/1263

Committee Recommendation 4.3.1

That the Audit Risk and Improvement Committee recommends to Council:

1. That the report on accounting for Crown Land related to the 2018-2019 Financial Statements year be noted.

2. That the position paper on Crown Land Assets (#E2019/61507) be adopted and included as part of Council’s 2018-2019 Financial Statement working papers to address the NSW Audit Office Audit Engagement Plan requirement.

5. That Council adopts the following Committee and Management Recommendation(s):

Report No. 4.4 Business Continuity Management - update and next steps

File No: I2019/1282

Committee Recommendation 4.4.1

That the Audit, Risk and Improvement Committee notes this Business Continuity Management update and next steps.

6. That Council adopts the following Committee and Management Recommendation(s):

Report No. 5.1 Customer Request Management Audit Review

File No: I2019/1077

Committee Recommendation 5.1.1

1. That the Audit, Risk and Improvement Committee notes the Customer Request Management audit review report.

2. That the Audit, Risk and Improvement Committee requests management to implement the recommendations made in the report identified as Confidential Attachment 1 (#E2019/44485).

3. That the report and Confidential Attachment 1 of the closed part of the meeting remain confidential.

7. That Council adopts the following Committee and Management Recommendation(s):

Report No. 5.2 Audit Progress Report - August 2019

File No: I2019/1246

Committee Recommendation 5.2.1

1. That the Audit, Risk and Improvement Committee notes the Internal Audit Activity Report - August 2019 (#E2019/60622).

2. That the Audit, Risk and Improvement Committee endorses the recommendation from the Executive Team to close off 19 outstanding recommendations in Appendix C of the attached report (#E2019/60622) due to these actions being confirmed as complete.

8. That Council adopts the following Committee and Management Recommendation(s):

Report No. 5.3 Update on IT Actions

File No: I2019/1236

Committee Recommendation 5.3.1

That the Audit, Risk and Improvement Committee notes the update provided in the report.

Attachments:

1 Minutes 29/08/2019 Audit, Risk and Improvement Committee, I2019/1289

Report

The attachment to this report provides the minutes of the Audit, Risk and Improvement Committee Meeting of 29 August 2019 for adoption by Council. The agenda for this meeting can be located on Council’s website at:

https://byron.infocouncil.biz/Open/2019/08/ARIC_29082019_AGN_1008_AT.PDF

Report No. 4.1 New Accounting Standards 2018-2019 financial year

This report is outlines the implementation of new accounting standards applicable for the 2018-2019 financial year.

The Audit, Risk and Improvement Committee will be considering Council’s Draft Financial Statements for the financial year ended 30 June 2019 at its Meeting to be held on 10 October 2019.

The introduction of AASB 9 Financial Instruments is not expected to have any impact on reported results but will influence disclosures in the Financial Statements as identified in the body of this report.

Report No. 4.2 Additional Audit, Risk and Improvement Committee Meeting

This report recommends that an additional meeting of the Committee be scheduled for 11:30am on 14 November 2019.

Report No. 4.3 2018-2019 Financial Statements - Accounting for Crown Land

One of the key issues outlined in the AEP (Audit Engagement Plan) is focusing on the completeness and accuracy of Crown Land assets. A position paper has been prepared and presented to the Audit, Risk and Improvement Committee for consideration. The position paper identifies how Council has dealt with Crown Land assets in respect of the 2018-2019 Financial Statements.

Report No. 4.4 Business Continuity Management - update and next steps

Council has engaged JLT to assist with finalising its Business Continuity Plan (BCP).

Business Continuity (BC) workshops were held with ET, managers and key staff in late June, covering topics including; BC framework and structure, Continuity Management Team (CMT), tactical support, lifespan of the BCP, identifying the BC Coordination Centre and Alternate Operations Centre, establishing a monitoring and review schedule, and a business process assessment.

A Business Impact Analysis (BIA) workshop was held with managers and key staff on 15 August. Participants worked through a series of discussion points which will form the basis of individual BC Sub Plans for each of the 16 identified critical functions.

Report No. 5.1 Confidential - Customer Request Management Audit Review

Council’s Internal Auditors, O’Connor Marsden and Associates (OCM), conducted an internal audit review of Customer Request Management systems and processes. The audit received an audit rating of 2 - Satisfactory – with a small number of minor control weaknesses / performance improvement opportunities (efficiency, effectiveness or economy). Two Medium risks were identified and the agreed recommendations and actions developed.

Report No. 5.2 Confidential - Audit Progress Report - August 2019

This report presents the Internal Audit Outstanding Actions Report - August 2019 prepared by Council and the Internal Auditor, O’Connor Marsden and Associates (OCM).

The activity report contains the remaining outstanding recommendations from each audit review conducted by Council’s previous internal audit provider as well as recommendations from recently completed audit reviews conducted by OCM.

Report No. 5.3 Confidential - Update on IT Actions

This report provides an update on outstanding audit actions that fall under the Business Systems and Technology portfolio.

Financial Implications

As per the Reports listed within the Audit, Risk and Improvement Committee Meeting of 29 August 2019.

Statutory and Policy Compliance Implications

As per the Reports listed within the Audit, Risk and Improvement Committee Meeting of 29 August 2019.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.5

Report No. 14.5 Report of the Local Traffic Committee Meeting held on 10 September 2019

Directorate: Infrastructure Services

Report Author: Stephanie Tucker, Infrastructure Planning Support Officer

File No: I2019/1442

Summary:

This report contains the recommendations of the Local Traffic Committee meeting held on 10 September 2019.

Council’s action on the LTC advice will be:-

a) If Council is in agreement with the LTC unanimous support then the proposal may be approved. In these cases there is no conflict between Council and the advice of the LTC, consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

b) If Council is in agreement with the LTC unanimous support, but no longer wants to proceed, the proposal may still be rejected.

c) If Council is in agreement with the LTC unanimous decline then the proposal may be rejected. Again there is no conflict between Council and the advice of the LTC. Consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

d) If Council decides to proceed with a proposal where the advice of the LTC is not unanimous support, then the Council must first advise the RMS and the NSW Police representatives in writing of their intention to approve the proposal. The RMS or the NSW Police may then lodge an appeal to the Regional Traffic Committee (RTC).

e) If Council decides to proceed with a proposal where the advice of the LTC is a unanimous decline, then the Council must first advise the RMS and NSW Police representatives in writing of their intention to approve the proposal. The RMS or the NSW Police may then lodge an appeal to the RTC.

Due to the fact that the RMS and the NSW Police have the power to appeal certain decisions of the Council, the LTC cannot provide its advice to Council until both the RMS and the NSW Police have provided their vote on the issue.

RECOMMENDATION:

1. That Council note the minutes of the Local Traffic Committee Meeting held on 10 September 2019.

2. That Council adopt the following Committee Recommendation(s):

Report No. 6.1 Event Road Closures - Brunswick Woodchop Twilight Markets 2019

File No: I2019/1150

Committee Recommendation 6.1.1

1. That Council endorse the following road closures and works associated with the Twilight Markets to be held on Wednesday, 18 December 2019:

a) Mullumbimbi Street, Brunswick Heads between The Terrace and Park Street on Wednesday, 18 December 2019, as per the following:

i) Closure of the Mullumbimbi Street off-street car park adjacent to the Banner Park children's play area from 7:00am until 11:00pm.

ii) Two (2) temporary designated ‘Disability Parking’ spaces be created outside of the hotel during the morning, with signage to be installed by appropriately accredited persons in conjunction with the implementation of the TCP.

iii) Closure of Mullumbimbi St between The Terrace and Park Street from 12:00noon until 11:00pm.

2. That the endorsement provided in Part 1 is subject to:

a) separate approvals by NSW Police and RMS being obtained, as required;

b) the Traffic Management Plan and Traffic Control Plan(s) for the 2019/20 event be updated by those with relevant and current RMS accreditation;

c) implementation of the Traffic Management Plan and Traffic Control Plan by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

d) the impact of the event be advertised, and charged at cost to the organisers, via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

e) the event be notified on Council’s web page;

f) the event organiser:

i) informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

ii) arranging for private property access and egress affected by the event;

iii) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

iv) consulting with emergency services and any identified issues be addressed;

v) holding $20m public liability insurance cover which is valid for the event;

vi) paying of Council’s S144 Road Event Application Fee prior to the event.

LTC Comments for Report No. 6.2 Bay Lane - No Stopping

RMS , Police, no issues. Discussion on line marking. Yellow line marking is effective. Line marking is becoming more prominent and widely used by council’s for enforcement. Recommend line marking.

3. That Council adopt the following Committee Recommendation(s):

Report No. 6.2 Bay Lane - No Stopping

File No: I2019/1233

Committee Recommendation 6.2.1

That Council endorse the installation of 2 No Stopping signs on the south side of Bay Lane between the Bay Lane Loading Zone and the Byron Bay Beach Hostel basement driveway.

LTC Comments for Report No. 6.3 Lee Lane - No Parking 1am-7am

Discussion on time frames and need to keep consistency. If the 7am end time was proposed to coincide with when council’s parking officers are on duty, Police can enforce in the early am. Early morning bushwalkers may require parking from 6am. Change the recommendation to No Stopping 1am to 6am.

4. That Council adopt the following Committee Recommendation(s):

Report No. 6.3 Lee Lane - No Parking 1am-7am

File No: I2019/1239

Committee Recommendation 6.3.1

That Council endorse the installation of No Stopping 1am-6am along the full length of Lee Lane, Byron Bay.

LTC Comments for Report No. 6.4 Events - Falls Festival 2019/20 - Road Closures

Cr Cameron: the proponents need to resource the requirements for compliance officers to attend and monitor aspects of the TMP, otherwise council’s compliance officers are unavailable to enforce illegal camping and other parking issues. There is a safety issue, not so much with the parking, but the safety of pedestrians that walk from the parked cars on Tweed Valley Way.

Davis: SDRO can provide information on whether proponents and/or members of public can take photos and send to compliance officers.

RMS: this will go through RMS Traffic Operations for review.

Police: Police will review this separately.

Police and RMS are happy to move this recommendation subject to separate approvals.

5. That Council adopt the following Committee Recommendation(s):

Report No. 6.4 Events - Falls Festival 2019/20 - Road Closures

File No: I2019/1261

Committee Recommendation 6.4.1

That Council endorse the Falls Festival 2019/20 to be held at the North Byron Parklands site, Yelgun from 31 December 2019 to 2 January 2020, inclusive, subject to the following conditions:

a) Separate approvals by NSW Police and RMS being obtained;

b) The development of a Traffic Management Plan and Traffic Control Plan(s) by those with relevant RMS accreditation. These plans are to be submitted to Byron Shire Council at least 2 months prior to the event for approval of traffic regulation on roads under Byron Shire control;

c) The Traffic Management Plan and the Traffic Control Plan to be implemented by those with relevant and current RMS accreditation;

d) The temporary ‘No Stopping’ where applied, including on Brunswick Valley Way and Tweed Valley Way (between Shara Boulevard and north to the Shire boundary), is implemented prior to the event and in accordance with relevant state requirements and Australian Standards;

e) A communications protocol be developed and maintained by those involved in the implementation of traffic management including monitoring during the event and ability to implement contingency plans as and when directed;

f) Monitoring of vehicle volumes that arrive and depart the festival site and on the local road network;

g) The holding of an event debrief within the month following the festival which includes but not limited to Council, RMS and Police;

h) The event organiser:

i) advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

ii) providing a copy of the advert for Council's web page;

iii) give consideration of any submissions received;

iv) informing community and businesses that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

v) arranging for private property access and egress affected by the event;

vi) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

vii) consulting with emergency services and any identified issues be addressed;

viii) holding $20m public liability insurance cover which is valid for the event.

ix) paying of Council’s Road Event Application Fee prior to the event.

LTC Comments for Report No. 6.5 Events - INGENUITY Sculpturefest Mullumbimby - Brunswick Terrace Road Closure

RMS: Recommend bollards or barrier boards where the road is closed for pedestrian safety and hostile vehicle mitigation if the crowd numbers are anticipated to be large (over 1000 persons)

6. That Council adopt the following Committee Recommendation(s):

Report No. 6.5 Events - INGENUITY Sculpturefest Mullumbimby - Brunswick Terrace Road Closure

File No: I2019/935

Committee Recommendation 6.5.1

1. That Council permit the following road closures and associated traffic control for the INGENUITY Sculpturefest event to be held from Tuesday 12 to Tuesday 26 November 2019:

a) Brunswick Terrace, Mullumbimby, between Tincogen Street and Riley Lane

2. That the approval provided in Part 1 is subject to:-

a) separate approvals by NSW Police and RMS being obtained, as required;

b) the development of a Traffic Management Plan and Traffic Control Plan(s) for the 2020 event by those with relevant and current RMS accreditation if regulation of traffic is undertaken;

c) the Traffic Control Plan, if required, being implemented by those with relevant and current RMS accreditation;

d) that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

e) the event be notified on Council’s webpage;

f) the event organiser:-

i) undertake consultation with community and affected businesses including adequate response/action to any raised concerns;

ii) undertake consultation with emergency services and any identified issues addressed;

iii) hold $20m public liability insurance cover which is valid for the event;

iv) pay Council’s Road Event Application Fee prior to the event;

LTC Comments for Report No. 7.1 Tincogan St - Intersection Priorities

Cr Cameron, provided information on the Mullumbimby masterplan.

The committee discussed the priority roads. If the traffic priority changes at Dalley, it will have to change at the other intersections. Need to improve the road surface on Tincogan and formalise parking.

Police discussed pedestrian refuges, line marking, RAB options.

RMS: There needs to be a plan for the entire street from Dalley to Station St, before changing priority.

Police: Pedestrian safety would be compromised if priority was changed.

Cr Cameron: Pedestrian safety is the priority for any treatment here.

Moving the entrance to the Woolworths parking entrance is also recommended as the Station St/Tincogan intersection is problematic.

Donovan: Community could provide valuable input.

7. That Council adopt the following Committee Recommendation(s):

Report No. 7.1 Tincogan St - Intersection Priorities

File No: I2019/1386

Committee Recommendation 7.1.1

1. That Council note the Committee’s comments on possible changes to Give Way signs at Tincogan Street / Dalley Streets intersection and the Tincogan Street / Stuart Street intersection.

2. That council note the correspondence from the Mullumbimby Residents Association to the Director Infrastructure Services dated 6^th September 2019, (E2019/67997) and consult with residents of Mullumbimby.

3. That council investigate Active Transport Funding FY20/21 for pedestrian protection in this area.

LTC Comments for Report No. 7.2 Seven Mile Beach Road - Community Concerns

RMS: There is not enough infrastructure for shared zone or 40K high pedestrian. Zone – these are generally for urban areas. You can’t speed limit an unsealed road.

Donovan: Tamara Smith’s office receives a lot of complaints about the safety of this road and request RMS conduct a proper road safety review in this area.

RMS: Local roads are under the control of councils. Council is the delegated road authority for Seven Mile Beach Road, and council would have to provide the road safety review.

Cr Cameron: At the meeting today we were anticipating a resident provide new information, however that did not occur. LTC to request the resident provide information at a later date.

The committee discussed the warrants for a shared zone, and a 50 zone.
RMS does not believe sealing the road will reduce speed.

Cr Cameron: managing the parking by notifying drivers the amount of parking spaces available, may be an option.

8. That Council adopt the following Committee Recommendation(s):

Report No. 7.2 Seven Mile Beach Road - Community Concerns

File No: I2019/1389

Committee Recommendation 7.2.1

That council note comments regarding management options for Broken Head Reserve Road and Seven Mile Beach road traffic and parking impacts.

Attachments:

1 LTC_10092019_MIN1048, E2019/67668

2 Mullumbimby Residents Association letter to DIS, E2019/68008

Report

The attachment to this report provides the minutes of the Local Traffic Committee Meeting of 10 September 2019 for determination by Council. The agenda for this meeting can be located on Council’s website at:

https://byron.infocouncil.biz/Open/2019/09/LTC_10092019_AGN_1048_AT_WEB.htm

Financial Implications

As per the Reports listed within the Local Traffic Committee Meeting of 10 September 2019.

Statutory and Policy Compliance Implications

As per the Reports listed within the Local Traffic Committee Meeting of 10 September 2019.

Requested funds from funding bodies	$8,697,175
Council cash contribution	$144,000
Council in-kind contribution	$120,000
Other contributions	$162,360
Funding applications submitted and awaiting notification (total project value)	$9,123,535